WAC 44-10-180   The arbitration hearing.  (1) The conduct of the hearing shall encourage a full and complete disclosure of the facts.

     (2) Arbitrators may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent people in the conduct of their affairs. They shall give effect to the rules of privilege recognized by law. They may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

     (3) The consumer shall present his or her evidence and witnesses, then the manufacturer shall present its evidence and witnesses.

     (4) Each party may question the other after each presentation, and may question each witness after testimony. The arbitrator may question any party or witness at any time.

     (5) The arbitrator shall ensure that a tape recording record of the hearing is maintained.

     (6) The arbitrator shall administer an oath or affirmation to each individual who testifies.

     (7) The hearing procedure contemplates that both parties will be present. However, either party may offer written testimony only if the board and other parties are in receipt of that evidence prior to the day of the hearing.

     (8) A party may request presentation of its case by telephone.



[Statutory Authority: RCW 19.118.080(2) and 19.118.061. 10-01-069, § 44-10-180, filed 12/11/09, effective 1/11/10. Statutory Authority: RCW 19.118.080 (2) and (7), 19.118.061 and 1995 c 254 § 4. 96-03-155, § 44-10-180, filed 1/24/96, effective 2/24/96. Statutory Authority: RCW 19.118.061, 19.118.080 and 19.118.090. 89-16-024 (Order 89-4), § 44-10-180, filed 7/24/89, effective 8/24/89. Statutory Authority: RCW 19.118.080 (2) and (7). 88-04-081 (Order 88-2), § 44-10-180, filed 2/3/88.]